WIND FARMS, EPC CONTRACTS AND FIDIC IN ITALY

imagesIt is common use for Italian investors in Wind Farms to agree with EPC contractors.

Renewable Wind Energy  farms   have often been built with EPC Agreements.

We have noted that owners  like  EPC agreements . EPC contracts effectively organize the complexity of the projects and the need to organize the work with a supplier who deal with a plurality of operators  in the construction of Wind Turbine Energy  Farms.

Do parties utilize FIDIC agreements or EPC agreements are drafted  and customized by the players in the business sector?

Our expertise is, that often EPC agreements are proposed by expert constructors, utilizing a model which has been developed on the basis of the best agreement text available in the market adjusted to Italian Construction Law.

Important German manufacturers of Wind Turbine Energy Farms utilize such models that  have been developed during the years. They apply them taking into due consideration the need to customize the text to the Italian law, which has a specific section for construction agreements. In particular the Italian Civil Code does have a specific section for Contractors Agreements, article  1655 onwards.

The above mentioned approach is probably  a practical approach, in order to mix the owners’ experience with  the best practice in  International Construction and the need to comply with provisions laid down in the Italian Law (which are well known by owners).

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Published by Carlo Scarpa

lawyer, partner at Tonucci & Partners. Specialized in Commercial Contracts, JV, IP, FIDIC. Conflicts of Law and International Law. Office in Padua - Italy

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